Applicant Name: ????? Application Receipt Date: 2009/07/20 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant requests an upgrade of his discharge to fully honorable, and desires to receive VA benefits for his service on active duty. Also, if given the opportunity he might reevaluate his request for reenlistment. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 040813 Discharge Received: Date: 040918 Chapter: 9 AR: 635-200 Reason: Alcohol Rehabilitation Failure RE: SPD: JPD Unit/Location: 226th Signal Co, 307th Signal Bn, APO AP 96260 Time Lost: None Article 15s (Charges/Dates/Punishment): 040802, Willfully disobeying a lawful command from a 2LT (040716), willfully disobeying a lawful order from a SSG (040716), disrespectful in language toward a SSG x 5 (040716), (040716), (040716), (040716), (040716), disrespectful in language toward a SFC (040716), treat with contempt a SFC, by spitting in his face (040716), assault upon a SSG (040716), drunk and disorderly which conduct was of a nature to bring discredit upon the armed forces (040716), and wrongfully communicating a threat to a SFC (040716); reduction to E-4, forfeiture of $932 pay x 2 months, extra duty for 45 days, and restriction for 45 days (FG). 040525, Without authority, failing to report at the prescribed time x 4 (040302), (040303), (040305), and (040313); forfeiture of $476 pay x 1 month, extra duty for 14 days, and restriction for 14 days (CG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 23 Current ENL Date: 000224 Current ENL Term: 05 Years ????? Current ENL Service: 04 Yrs, 06Mos, 25Days ????? Total Service: 04 Yrs, 06Mos, 25Days ????? Previous Discharges: None Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 31R10 Multi-Channel Transmission System Operator GT: 117 EDU: GED Overseas: Korea Combat: None Decorations/Awards: AGCM, NDSM, GWOTSM, KDSM, NCOPDR, ASR V. Post-Discharge Activity City, State: Tampa, FL Post Service Accomplishments: The applicant claims he was employed as a civilian contractor in Iraq. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record indicates that on 25 May 2004, the unit commander in consultation with the Clinical Director/ASAP declared the applicant a rehabilitation failure. On 13 August 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol rehabilitation failure/ASAP failure, with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service. The separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 9 contains the authority and outlines the procedures for discharging individuals because of alcohol or other drug abuse. A member who has been referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service. However, an honorable discharge is required if restricted use information is used in the discharge process. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records during the period of enlistment under review and the issues submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The analyst noted that the applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program and was aware of the consequences of any action which would demonstrate any inability or refusal to participate in, cooperate in, or successfully complete such a program. As a result of the applicant’s actions and after consultation with the drug and alcohol abuse counselor, the command declared the Soldier a rehabilitation failure. The evidence of record establishes the fact that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. By his misconduct (i.e., alcohol rehabilitation failure/ASAP failure), the applicant diminished the quality of his service below that meriting a fully honorable discharge. Eligibility for veteran's benefits, to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends that the Board deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 19 May 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: None VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090012907 ______________________________________________________________________________ Page 1 of 3 pages